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(영문) 서울고등법원 2017.05.16 2017노261
살인등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the attachment order case and the protective observation order case when it rendered a judgment of conviction on the part of the defendant, and the part of the attachment order and the protective observation order case were appealed only by the defendants. Thus, there is no benefit of appeal regarding the attachment order case and the protective observation order case.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders, the part of the judgment of the court below concerning attachment order and protective observation order is excluded, and the scope of the judgment of this court is limited to the part of the case of the defendant.

2. The lower court’s sentencing against the Defendants on the gist of the grounds of appeal is too unreasonable.

3. It is recognized that Defendant A and B are divided into one’s own mistake; Defendant C confessioned all of the crimes of this case and divided one’s mistake; Defendant A did not have any particular criminal record other than a fine once, Defendant C did not have any criminal record for the same kind of offense; Defendant C was the first offender; Defendant B was able to look at the physical abuse of the victim, who was a child of Defendant A, who was the child of Defendant A, for the first time, to avoid dispute with Defendant A, and was likely to have been involved in the physical abuse by Defendant A’s consent or by the direction of Defendant A; Defendant C was able to take part in the physical abuse in accordance with the direction of Defendant A, who was living in the dwelling of Defendant A and B, and was merely 18 years of age at the time of the instant crime.

However, Defendant A was responsible for healthy and safe rearing of the victim as the guardian of the child since Defendant A adopted the victim while he was under care by being entrusted with the victim by the father and mother of the victim.

Furthermore, the defendant A is the husband.

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